Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-05-20
SECTION FOUR,
Judge Cooley's Interesting Letter Con-
corning 1t.


WASHINGTON, May 10Th. - Chairman
Cooley, of the Interstate Commerce Com
mission, in letter to j. A Hanley, Traffic
Manager of the Minnesota and North
western Railway, who had asked suspen-
sion of the long and short haul clause in
It's application to certain points on his line.
presents new and important points as TO
the duties and powers of the Commission
under the law, as follows:
1t is obvious that the cases the law con-
templates in which the Commission is au-
thorized to make orders for the suspension
o. Section are exceptional cases. 1t does
not state the grounds that shall warrant
the relief, but it plainly intends these
grounds in every case shall be special and
peculiar, and that where only general rea-
sons operate the general law shall be left
in the ordinary course, however serious
may be the consequences in particular
cases and to particular roads and interests
1t is also made plain by the Act that any
order for suspension was intended to be
based upon investigation which should
satisfy the Commission that the case was,
in fact, exceptional and fairly within the
extent of the provision made for relief
The jurisdiction of the Commission to
make orders was evidently meant to be
somewhat closely restricted. 1t must be
assumed that Congress intended the gen
eral law, in its main features at least, to be
permanent law for the country. 1t must,
therefore, have contemplated that consider
able sacrifice would have to be submitted
to by some parties and some interests.
While general law is being established
for very obvious reasons, it would be quite
impossible to introduce consider and make
changes in a branch of law which con-
Germs so intimately the commerce of the
country, without serious consequences 10
some private interests.
If the law in its general operation were
to prove generally and equally mischievous
in all directions, the Commission, instead
of having greater power for that reason,
would, on the other hand have no power
of suspension whatever, for the simple,
plain reason that there would then be no
exceptional cases for it TO act upon. There
are no cases referred by the Act to its iudg-
ment. The Commission must consider in
each case what effect the giving of relief
to one applicant will have upon the other
interests, and your knowledge of railroad
matters must enable you to perceive in
some sections of country the granting of
one application may so effect the interest
of other roads as to create necessity for
like relief to several more. The satiSfac-
ton of one claim will beget others equally
meritorious until, if all are satisfied, the
exception becomes the rule. But when
such a result is probable the reasons for
declining to make any temporary order are
very conclusive. The Commission cannot
consent to deliberately enter upon a high
way where to all appearance there will be
no hating place within the limits of its
lawful jurisdiction. If general suspen-
sion of the long and short haul clause as
l stated, should not be made by a single
comprehensive order, neither should the
same result be reached or approached by
granting successive orders in individual
cases. In these views the Commission
concurs.n